Once you’ve filed your Australian trade mark application, what happens next? Here’s a clear overview of what to expect, from filing to registration, including how long each stage typically takes and when your rights officially begin.
Filing Confirmation
After your application is submitted to IP Australia, you’ll receive an official filing receipt. This confirms the date of your application, your trade mark details, and marks the official start of the registration process.
Formalities Check (0–2 weeks)
In the first stage, IP Australia reviews your application for completeness. They’ll make sure: all details are correct, the correct fees are paid, and your goods and services are properly classified. If anything is missing, IP Australia will contact you (or your attorney) to fix it before moving forward.
Examination (2–4 months)
Once the formalities check is complete, your application enters the examination queue. Most applications are examined within 2–4 months of filing.
During this stage, an IP Australia examiner checks whether your trade mark is distinctive, non-descriptive, and not in conflict with existing registrations.
If your application meets all requirements, it will be accepted. If not, you’ll receive an examination report outlining any objections. You have up to 15 months to respond and overcome them.
Acceptance and Advertisement
If your trade mark is accepted, it’s advertised in the Australian Official Journal of Trade Marks, notifying the public before registration.
Opposition Period (2 months)
From the advertisement date, a two-month opposition period begins. During this time, third parties can oppose your application if they believe it should not be registered.
If no oppositions are filed: Your trade mark will proceed to registration once this period ends.
If an opposition is filed: IP Australia will contact you with information about the opposition process.
Registration
If your application is unopposed (or any opposition is resolved in your favour), IP Australia will issue a Certificate of Registration. Your exclusive rights take effect from your original filing date, meaning protection is retroactive.
Timeline Summary
Filing to examination: 2–4 months
Examination to acceptance: Varies (if no issues, can be immediate)
Opposition period: 2 months starting on a date after acceptance
Total time to registration: Typically 7–8 months if there are no objections or oppositions
Frequently Asked Questions
What if IP Australia raises an objection?
You’ll have up to 15 months to address any objections. Common fixes include clarifying goods/services or providing legal arguments for distinctiveness.
When do my trade mark rights start?
Your rights begin from your original filing date., once registration is granted.
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